Learn about the laws and penalties that apply if a juvenile is charged with drug possession.

Talk to a Criminal Defense Lawyer

A wide range of drugs, chemicals, and medications are controlled and
regulated by both state and federal laws. Anyone who owns or possesses
any of these controlled substances without a legally recognized reason
can be charged with drug possession. Juvenile drug possession occurs
whenever a person under the age of 18 knowingly controls a regulated
drug or substance without a legal reason. Possessing illegal substances
in this manner is a crime in all states, and one that can lead to harsh
penalties for juveniles.

Adults who are caught with controlled
substances are charged with a crime and have their cases handled in a
regular trial court. Juveniles, however, are not usually charged with a
crime in the same way. Instead, the case is handled in the juvenile
court system, where (depending on the state), the case may be handled
more informally, as explained in "Penalties," below.

Possession

Any
juvenile who knowingly and without legal justification possesses a
controlled or illegal substance can be charged with juvenile drug
possession. These charges typically arise after, for example, a juvenile
is pulled over by a police officer who then notices marijuana in the
car, discovers drugs after searching the vehicle, or discovers drugs
while interrogating the driver. While juveniles are often charged with
this crime because they possess marijuana, methamphetamine, or other
similar illegal drugs, possessing prescription drugs without a
prescription can also lead to a drug possession charge. For example, it
is not illegal for a juvenile to possess oxycontin if the juvenile has a
prescription from a physician. However, if the juvenile's friend takes a
couple of pills from the bottle, the friend is guilty of juvenile drug
possession.

Knowledge

To be convicted of
drug possession, a juvenile must knowingly possess or control the
prohibited substance. However, that doesn't mean that simply saying “I
didn't know it was there,” will be enough to avoid a conviction. A
prosecutor can prove that you knew the drugs were in your possession or
control from the circumstances of the case. For example, if you are
pulled over and the police find marijuana in your backpack, the
circumstances of the situation would likely be enough for court to
conclude that you knew the drugs were there.

Control

To
be convicted of possessing drugs, a prosecutor does not have to show
that the juvenile was actually holding the drugs, or had them in a
pocket or somewhere else on his or her body. It's enough for prosecutor
to show that the juvenile had control over the area where the drugs were
discovered. For example, a drug possession charge can arise after a
police officer pulls over a juvenile in his or her car and discovers
drugs in the glove compartment or trunk. Juveniles who have drugs
located in their rooms, school lockers, or other areas over which they
have control can also be charged with this crime.

Penalties

Anytime
a juvenile is charged with a drug possession violation, that juvenile
faces some potentially serious consequences. However, the juvenile
justice process is very different than the criminal justice process.
Even though the crime of drug possession is the same for juveniles and
adults, the way the courts handle a juvenile case is very different.
Juvenile courts have a much wider range of options when dealing with a
juvenile offender than they would if the offender had been an adult.

Drugcounseling. Juvenile
courts typically focus on rehabilitating young people. Because of this,
a juvenile court can order the juvenile offender, as well as his or her
parents, to attend drug counseling in hopes of rehabilitating the teen.

Probation. Juveniles
may also be placed on probation for drug possession. When a court
orders probation, it orders the juvenile to comply with some specific
terms. For example, the court will likely order the child to attend
school regularly, maintain a job or find a job if the teen is old
enough, participate in drug counseling or family counseling, perform
community service, or a range of other requirements. The court may also
order the juvenile to regularly report to a juvenile probation officer
or court officer, though this is not always the case. Probation lasts
typically at least six months, but longer terms are also possible

Diversion. Diversion,
also known as pretrial diversion or informal probation, is also a
common consequence for juvenile drug possession offenders. Just as with
probation, a juvenile on diversion must comply with specific court
rules. However, instead of the court ordering probation, the juvenile is
allowed to comply with the diversion orders without having to formally
go before the juvenile court. If the juvenile successfully completes the
diversion program, the charges are essentially dismissed. However, not
all jurisdictions allow for juvenile diversion programs and it is
usually available for first-time offenders only.

Detention. In
rare cases a court can order a juvenile into detention for drug
possession. Detention can involve home confinement, placement with a
foster family or guardian, placement with a juvenile home, or placement
in a juvenile detention center. Drug possession cases do not typically
result in detention unless the juvenile is a repeat offender or other
factors are present, such as if the drug possession occurred as the
result of robbery or violent crime.

Speak to an Attorney

Being
charged with drug possession as a juvenile is always significant. Many
juvenile courts view drug possession as a serious situation, and one
that could result in harsh penalties. A drug possession charge could
make your life very difficult and ruin your chances at a quality
education, entering the military, or participating in school sports or
activities.

You need to speak to a criminal defense attorney in
your area if you are charged with a juvenile drug possession crime.
Whether you are a juvenile, or the juvenile's parent or guardian,
understand that only a local criminal defense attorney is qualified to
give you advice about your case. Juvenile drug possession cases often
hinge upon whether the police acted properly during their search or
confiscation of the drugs. An experienced defense attorney will be able
to review the facts of the case and determine if the search and seizure
was legal. Local attorneys will also have experience dealing with the
local juvenile justice system, know the juvenile prosecutors and judges,
and can protect your rights at every stage of the juvenile justice
process.